Method for providing two-tier commercial contract pricing

Abstract

A method of providing two-tier commercial contract pricing includes providing a contracting party with at least one commercial contract having an option of an arbitration provision or not having an arbitration provision, the at least one commercial contract including at least two price levels, a first price level if the arbitration provision is selected, and a second price level if the arbitration provision is not selected; allowing the contracting party to select the first price level with the arbitration provision or the second price level without the arbitration provision; and executing the at least one commercial contract with or without the arbitration provision and at the corresponding price level as selected by the contracting party.

What is claimed is:  
     
         1 . A method of providing two-tier commercial contract pricing, comprising the steps of: 
 providing a contracting party with at least one commercial contract;    providing the contracting party with an option with the at least one commercial contract of having an arbitration provision or not having an arbitration provision, the at least one commercial contract including at least two price levels, a first price level if the arbitration provision is selected, and a second price level if the arbitration provision is not selected;    allowing the contracting party to select the first price level with the arbitration provision or the second price level without the arbitration provision;    executing the at least one commercial contract with or without the arbitration provision and at the corresponding price level as selected by the contracting party.    
     
     
         2 . The method of  claim 1 , wherein the second price level is greater than the first price level.  
     
     
         3 . The method of  claim 1 , wherein the difference between the first price level and the second price level is based at least in part on the probability of a dispute related to the commercial contract occurring, the average cost of litigating a dispute related to the commercial contract to a provider of the commercial contract, and the average cost of arbitrating a dispute related to the commercial contract to the provider of the commercial contract.  
     
     
         4 . The method of  claim 1 , wherein providing a contracting party with at least one commercial contract and providing the contracting party with an option with at least one commercial contract of having an arbitration provision or not having an arbitration provision includes providing a contracting party with at least two commercial contracts, a first commercial contract including an arbitration provision and a second commercial contract not including an arbitration provision.  
     
     
         5 . The method of  claim 1 , wherein providing a contracting party with at least one commercial contract and providing the contracting party with an option with the commercial contract of having an arbitration provision or not having an arbitration provision includes providing a contracting party with a single commercial contract including an arbitration provision that may be affirmatively selected by the contracting party.  
     
     
         6 . The method of  claim 5 , wherein the single commercial contract includes language that indicates in effect that by selecting the arbitration provision the contracting party is waiving the contracting party's right to pursue any dispute in court.  
     
     
         7 . The method of  claim 5 , wherein the single commercial contract includes a section for the contracting party to affirmatively indicate an arbitration provision is not being selected.  
     
     
         8 . The method of  claim 5 , wherein the single commercial contract includes at least a first section for the contracting party to affirmatively indicate an arbitration provision is being selected, the first section indicating the first price level, and a second section to affirmatively indicate an arbitration provision is not being selected, the second section indicating the second price level.  
     
     
         9 . The method of  claim 1 , wherein the commercial contract is a senior care contract.  
     
     
         10 . A method of providing two-tier senior care pricing, comprising the steps of: 
 providing a senior care contracting party with a senior care contract, the senior care contract including at least an option for an arbitration provision in the senior care contract and corresponding first price level and an option to not include an arbitration provision in the senior care contract and corresponding second price level different than the first price level;    allowing the senior care contracting party to select the option for an arbitration provision in the senior care contract and corresponding first price level or the option to not include an arbitration provision in the senior care contract and corresponding second price level;    executing the senior care contract with the arbitration provision in the senior care contract and corresponding first price level or without the arbitration provision in the senior care contract and corresponding second price level.    
     
     
         11 . The method of  claim 10 , wherein the second price level is greater than the first price level.  
     
     
         12 . The method of  claim 10 , wherein the difference between the first price level and the second price level is based at least in part on the probability of a dispute related to the commercial contract occurring, the average cost of litigating a dispute related to the commercial contract to a provider of the commercial contract, and the average cost of arbitrating a dispute related to the commercial contract to the provider of the commercial contract.  
     
     
         13 . The method of  claim 10 , wherein the senior care contract includes language that indicates in effect that by selecting the arbitration provision the senior care contracting party is waiving the senior care contracting party's right to pursue any dispute in court.  
     
     
         14 . A method of providing two-tier senior care pricing, comprising the steps of: 
 providing a senior care contracting party with at least two senior care contracts, a first senior care contract including an arbitration provision and a corresponding first price level and a second senior care contract without an arbitration provision and a corresponding second price level different than the first price level;    allowing the senior care contracting party to select at least the first senior care contract with an arbitration provision at the first price level or the second senior care contract without an arbitration provision at the second price level;    executing either the first senior care contract with an arbitration provision at the first price level or the second senior care contract without an arbitration provision at the second price level.    
     
     
         15 . The method of  claim 14 , wherein the second price level is greater than the first price level.  
     
     
         16 . The method of  claim 14 , wherein the difference between the first price level and the second price level is based at least in part on the probability of a dispute related to the commercial contract occurring, the average cost of litigating a dispute related to the commercial contract to a provider of the commercial contract, and the average cost of arbitrating a dispute related to the commercial contract to the provider of the commercial contract.  
     
     
         17 . The method of  claim 14 , wherein the first senior care contract includes language indicating in effect that the senior care contracting party has the option of a senior care contract without an arbitration provision at a second price level.  
     
     
         18 . The method of  claim 14 , wherein the second senior care contract includes language indicating in effect that the senior care contracting party has the option of a senior care contract with an arbitration provision at a first price level.